80. Based on the above, the Commission aligns itself with the Respondent State's
argument that the Complainant has not engaged any proceedings in relation to
his claim in Mauritius even though he had the opportunity to do so and the
avenue to do so is available. The Commission also holds that the Complainant
has not demonstrated that the available avenues are inaccessible, ineffective
and insufficient. The Commission, therefore, concludes that the Complainant
has not compiled with Article 56(5) of the African Charter.
81. With regards to reasonable time factor, Article 56(6) requires that
Communications be submitted within a reasonable period of time after local
remedies have been exhausted or from the date the Commission is seized with
the matter. However, the African Charter does not define the time frame
considered as "reasonable." From its practice, the Commission has been flexible
in determining what constitutes a "reasonable period" and will make the
determination on a case-by-case basis. In making such determination, the
Commission focuses on when domestic remedies were exhausted or when the
Complainant realized that domestic remedies were not available, sufficient, or
effective. 18 The Respondent State and the Complainant did not make any
submissions regarding Article 56(6).
82. In the present Communication, the Commission notes that the Complainant
brought the matter to the Commission 4 months after the decision of the Court
of Appeal and release from prison. However, considering the Commission's
ruling that local remedies were not exhausted, can the Commission effectively
establish that the Communication was brought within reasonable time?
83. In Ahmed Ismael and 528 Others v. the Arab Republic of Egypt, the
Commission found that the period within which the matter was brought to the
Commission was unreasonable as the Complainant did not make a proper
assessment of local procedures before bringing the case to the Commission. In
that Communication,
the Commission noted that "At the very least, the
Complainant should have waited to see the outcomes of the review procedure
guaranteed in Article 224 before bringing this matter before the Commission" .19
84. Similarly, in the present Communication
before the Commission, the
Complainant should have exhausted all local remedies, including filing a claim
for damages from the Respondent State within the specified two years and
waiting for the outcome before bringing the matter to the Commission. As a
matter of fact, the Communication was submitted to the Commission before
the time prescribed by POP A to file for damages at the domestic level elapsed
and no compelling reasons or justifications were provided by the Complainant.
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